The purpose of this article is to provide a procedure for screening
individuals for criminal activity prior to their contact and participation
in Borough-sponsored recreation programs.
As used in this article, the following terms shall have the
meanings indicated:
A determination of whether a person has a criminal record,
domestic violence, and/or other court/administrative orders/rulings
which might negatively impact their fitness and suitability to participate
as a youth coach, youth stipend coach, and/or volunteer by cross-referencing
that person's name with those on file with the Federal Bureau of Investigation,
Identification Division, and/or the New Jersey State Bureau of Identification
in the Division of State Police, the National Crime Information Center,
National Sex Offender Public Registry, and/or Social Security Administration,
or any such additional entities deemed as necessary and proper in
the sole, good faith opinion, and discretion of the Borough Administrator.
Any programs sponsored by the Borough of Emerson, including
any and all sports leagues, boards, committees and commissions affiliated
with, falling within the purview of or acting for or on behalf of
the Borough of Emerson and having contact with persons under the age
of 18 years.
Any youth program not sponsored by the Borough, but which
utilizes municipal facilities/equipment or has affiliation with a
Borough-sponsored youth program and having contact with persons under
the age of 18 years.
Persons under the age of 18 and persons older than 18 who
are subject to guardianships or are adjudicated persons in need of
supervision.
All positions, unless otherwise noted, shall refer to the
Emerson Police Chief, Emerson Borough Administrator and Emerson Recreation
Commission. Should the Police Chief's position ever become vacant
during the background check process, the next-highest-ranking Emerson
police officer shall be designated in his/her place.
Any program that allows for participation in activities by
those persons under the age of 18 years old. Activities may include,
but are not limited to, sporting or athletic activities, passive recreation
groups, clubs or camps and trips or other activities whereby some
control and responsibility for children is assigned to some person
for or on behalf of a Borough-sponsored youth program or non-municipal-sponsored
youth program, other than a parent or caregiver.
A.
All adults, those persons 18 years of age or older, including but
not limited to coaches, assistant coaches, or similar positions involved
in educating, directing or supervising youth, and in any way assisting
in a Borough-sponsored youth program or function participated in by
children, shall submit sufficient information on forms promulgated
by the private agency or Borough, as same may be amended from time
to time, or other enforcement authority from the New Jersey State
Police, and shall sign, date, and affirm the truth of the information
submitted for the purpose of obtaining a background check with the
State Bureau of Identification in the New Jersey State Police. Applications
for background checks, including any and all background check data,
shall be processed by the Police Chief.
B.
The individual applying for the background check shall authorize
the Police Chief to be the recipient of the affirmative or negative
response from the private agency or State Police based upon the findings
of the background check. Individuals involved in a Borough-sponsored
youth program or function, and who are required to undergo background
checks based upon this article, shall not be responsible for the costs
involved with obtaining the background check. The Borough of Emerson
shall bear the costs for background checks for individuals qualified
under this section.
C.
All league officers and/or those individuals in charge of each recreation
program are required to ensure compliance with this article for that
league or program. The president or leader of each Recreation Commission
program shall file an annual roster of individuals that are required
to participate in the background check procedures of this article.
The roster shall be on forms supplied by the Borough of Emerson, as
same may be amended from time to time, and shall contain a certification
as to the accuracy and completeness of the roster and individual names.
Any person who knowingly certifies a background check roster that
excludes an individual required to be checked shall be in violation
of this article and laws regarding false swearing.
A.
Prior to any club organization, not defined as a Borough-sponsored youth program, being authorized to use municipal facilities/equipment pursuant to Chapter 187 of the Borough Code, or through means of any other approval granted by the Borough or its officials, for functions participated in by children, all adults, persons under the age of 18 years old or older, including but not limited to coaches, assistant coaches, stipend coaches, volunteers, or similar positions involved in education, directing or supervising minors, and in any way assisting in a non-municipal-sponsored youth program or function, shall submit sufficient information on forms promulgated by the private agency or Borough, as same may be amended from time to time, or other enforcement authority from the New Jersey State Police, and shall sign, date, and affirm the truth of the information submitted for the purpose of obtaining a background check with the State Bureau of Identification in the New Jersey State Police. Applications for background checks, including any and all background check data, shall be processed by the Police Chief.
B.
Prior to any club organization, not defined as a Borough-sponsored
youth program, being authorized to use municipal facilities/equipment
for functions participated in by children, all adults, persons under
the age of 18 years old or older, including but not limited to coaches,
assistant coaches, stipend coaches, volunteers, or similar positions
involved in education, directing or supervising minors, and in any
way assisting in a non-municipal-sponsored youth program or function,
must provide the Police Chief with up-to-date findings of a background
check, including any and all background check data, obtained from
the Federal Bureau of Investigation, Identification Division, and/or
the New Jersey State Bureau of Identification in the Division of State
Police, the National Crime Information Center, National Sex Offender
Public Registry, and/or Social Security Administration, or any such
additional entities deemed as necessary and proper in the sole, good
faith opinion and discretion of the Police Chief.
C.
The individual applying for the background check shall authorize
the Police Chief to be the recipient of the response from the private
agency or Borough Police Department, based upon the findings of the
background check. Individuals involved in a non-municipal-sponsored
youth program or function, and who are required to undergo background
checks based upon this article, shall be responsible for the costs
involved with obtaining the background check if such individual is
unable to otherwise provide the Police Chief with up-to-date findings
of a background check.
D.
The submission of background check findings must be based upon a
check performed within one year of the start of use of the municipal
facility. In the case of coaches performing duties as employees of
a school district, the policy of background checks adopted by the
individual school district shall be used to establish eligibility
for use of municipal facilities/equipment. In all cases, the background
check must comply with the provisions of any applicable laws regarding
same, but not less detailed than those performed by the Borough for
individuals involved in administering Borough-sponsored youth programs.
Individuals engaged in providing recreation programs for, or
on behalf of, the Borough of Emerson shall be issued annual identification
cards with appropriate expiration dates based on their individual
background check and shall be on record with a designated Recreation
Commission official with appropriate expiration dates based upon their
individual background check.
A.
Upon receipt of a completed background check conducted by the private agency, Borough and/or the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the Police Chief shall notify the Borough Administrator, who shall then notify the applicant and the Recreation Commission Chairperson of affirmative or negative results. The determination of the Police Chief is based upon § 200-44B of this article. Details in the background check that result in a negative determination by the State Police are not afforded to the Borough Administrator nor the Recreation Commission and are only available to the applicant upon making a formal request to the State Bureau of Investigation.
B.
In the event the criminal background check reveals any prior convictions
for violations, crimes, offenses, domestic violence and other court/administrative
orders/rulings which negatively impact the health, safety and welfare
of children, said person shall not be qualified to participate in
any official capacity in any function for persons under the age of
18 years held at any Borough-owned facilities and/or involving the
use of any Borough equipment. Such offenses shall include, but not
be limited to:
(1)
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq., 2C:12-1 et
seq., 2C:13-1 et seq., 2C:14-1 et seq. or 2C:15-1 et seq.;
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1
et seq., including, but not limited to: endangering the welfare of
a child; or N.J.S.A. 2C:24-4 et seq., including, but not limited to:
causing or permitting a child to engage in a prohibited sexual act,
knowing or intending that the sexual act will be reproduced or will
be part of an exhibition or performance;
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes;
(d)
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes, except Paragraph (4) of Subsection a of N.J.S.A. 2C:35-10;
(e)
Involving possession of weapons for unlawful purposes as set
forth in N.J.S.A. 2C:39-1 et seq., including, but not limited to:
unlawful possession of weapons, manufacture, transport, disposition,
and defacement of weapons and dangerous instruments and appliances;
(f)
Involving cruelty to animals as set forth in N.J.S.A. 4:22-1
et seq.,[1] including, but not limited to: overdrive, overload, drive
when overloaded, overwork, torture, torment, deprive of necessary
sustenance, unnecessarily or cruelly beat or otherwise abuse, or needlessly
mutilate or kill a living animal or creature;
[1]
Editor's Note: N.J.S.A. 4:22-1 to 4:22-4 were repealed by
L. 2005, c. 372, § 22, effective 1-12-2006.
(g)
Involving arson and related offenses as set forth in Chapter 17 of Title 2C of the New Jersey Statutes;
(i)
Any fourth-degree offense or higher;
(j)
Any other sufficient causes deemed as necessary and proper in
the sole, good faith opinion and discretion of the Borough Administrator.
C.
The list of crimes and violations contained in this section is for
illustrative purposes only and shall not be construed as a limitation
on those criminal activities or violations that would be grounds to
disqualify a person from assisting with youth-related activities as
indicated herein.
D.
Refusal by individuals required to submit to background checks will
result in an immediate dismissal of the individual from any Borough-sponsored
activities or functions requiring background checks. In addition,
refusal to comply with this article by any individual falling within
the scope of requirements will forfeit that individual's ability to
participate with the respective program, and refusal of a non-municipal-sponsored
youth program will result in forfeiture of that individual's ability
to participate with the respective program. Refusal of a non-municipal-sponsored
youth program to subscribe to the requirements of this article shall
forfeit that program's ability to use municipal facilities/equipment,
along with all other municipal support.
A.
All Borough-sponsored programs that have individuals subject to this article shall be directed by the Recreation Commission for background checks prior to the individual being able to participate at any function sponsored by the Borough of Emerson. Thereafter, every one year, or in a frequency deemed reasonable by the Borough, a new background check shall be undertaken in accordance with the guidelines set forth in this section. If a valid background check has already been conducted on an individual, proof of that check shall be submitted to the Police Chief. Upon discovery, information or knowledge that an individual whose background check was determined to be negative and is still valid within the designated time period but who may now be in violation of § 200-44B, C and D, the Police Chief shall examine and evaluate the information provided on a case-by-case basis and proceed, if necessary, with § 200-41 as provided by this section.
B.
All non-municipal-sponsored youth programs that have individuals
subject to this article shall supply background checks for all of
its participants prior to the individual being able to participate
at any function at a Borough facility to the extent covered by this
article. Thereafter, every one year, or in a frequency deemed reasonable
by the Borough, a new background check shall be submitted to the Police
Chief.
A.
If a background check results in a determination that a person should
be disqualified from participating in a Borough-sponsored youth program,
said person may appeal the determination by filing a written notice
of appeal with the Borough Administrator no later than 30 days after
receiving notice of the disqualification from the Borough Administrator.
A person filing an appeal shall be afforded an adequate opportunity
to confirm or deny any information contained in the criminal history
record and a reasonable period of time to correct or complete the
record prior to any final determination or decision concerning the
person's eligibility for any position.
B.
The Appeals Committee shall hear any appeal within 30 days after
the filing of the written notice of appeal. The Appeals Committee
shall conduct a hearing, upon the request of said person, and render
a final determination as to whether the person should be disqualified.
The Mayor and Council shall be notified of the final determination
of the appeal.
C.
The Appeals Committee shall consist of the Borough Administrator,
Police Chief and an officer of the Emerson Police Department appointed
by the Police Chief.
A.
All background checks shall be reported to the Police Chief, who
will then supply the denial or approval to the Borough Administrator.
Any and all background checks supplied to the Emerson Police Department
shall be filed and maintained in a secure and locked cabinet or room
and shall not be available to the public. The Police Chief shall take
appropriate steps to safeguard such records. The records shall be
exempt from public disclosure under the Open Public Records Act (N.J.S.A.
47:1A-1 et seq.), also known as the "New Jersey Right to Know Law."
B.
The records shall only be retained for such period of time as is
necessary to serve their intended and authorized purpose.
